Inversiones y Entretenimiento PC SRL d/b/a Hard Rock Punta Cana Resort & Casino ("IEPC" or "Casino") values our customers and takes pride in providing them with the most exciting entertainment services available in the gaming industry today. I understand that, in the course of providing credit and other financial services, IEPC and its employees, agents and affiliates obtain certain personal and financial information about me that I may consider confidential. I recognize that IEPC knows how much their customers value their privacy, and have therefore provided this notice to explain their policies for collecting and using this information. I understand that IEPC and its employees, agents and affiliates collect nonpublic personal information about their customers from the following sources: applications for credit and on other forms; my transactions with IEPC or with other companies; information received about their customers from other sources, including credit bureaus, relating to their history and previous financial transactions. I understand that IEPC restricts access to nonpublic personal information they collect about their customers to IEPC and its affiliates, those employees and agents who need to know that information to process credit applications or provide other products to their customers and other casinos who request similar information about me or for any legal matter related thereto. I understand that in the event I fail to pay any marker or other amounts which I owe to IEPC when due, IEPC may report that debt as due and owing to consumer credit agencies and any other agencies as permitted or required by law. Other than as set forth above, I understand that IEPC will not disclose any information about their customers or former customers to anyone, except as permitted by law. I will not hold IEPC, or any of their employees, agents or affiliates responsible for any information released to third parties in conformance with the above.
I certify that I am 18 years of age or older. I understand that persons under the age of 18 are not permitted to gamble. Accordingly, I must be 18 years of age or older to apply for credit at the Casino. I am aware that misrepresentation of my age on this application subjects me to criminal prosecution. I represent and warrant that I am applying for credit from the Casino for my own personal gaming purposes and that any credit extended to me by the Casino will be used only by me and only for that purpose. I agree that I am liable for the repayment of any and all credit that is extended to me by the Casino regardless of how or by whom such credit is used. I hereby irrevocably and unconditionally waive any claim or defense that I am not liable for the repayment of any portion of the credit that is extended to me for any reason, including, but not limited to, the allegation that such credit was used by, or for the benefit of another person, with or without the knowledge or consent of the Casino.
I authorize IEPC and their respective agents, employees and affiliates to investigate my record and to conduct such other investigations as it deems necessary, and to furnish information concerning my financial history and credit record to credit reporting agencies and others who may properly receive this information. I understand that despite any oral or written agreement to the contrary, IEPC or its affiliates, employees or agents may deposit or present for payment, any check I have given to it or may hereafter give to it, at any time, without liability for early presentment or deposit and I guaranty that sufficient funds will be available to pay said check. I hereby authorize the Casino, at its sole discretion; to apply any and all chips I may redeem first to the reduction of my outstanding credit balance, with the remainder, if any to be returned to me. I understand that any discount or allowance offered or given to me, is offered or given in return for the payment of outstanding checks or promissory notes at the time said checks are deposited into the account written on the checks or ninety (90) days from the date of the check or promissory note, whichever is sooner. I understand and agree that if any check is dishonored by my financial institution, for any reason, or any check or promissory note is not paid within ninety (90) days from the date of the check or promissory note, any discount or allowance offered or given to me is void and of no force or effect and I agree to pay the entire face amount of the check(s) or promissory note(s), plus all interest and attorney fees provided for in this Agreement.
I agree that if the Casino or its affiliates or agents employ the services of an attorney or agent to collect any sums advanced to me pursuant to this agreement, I will pay all such costs of collection, including but not limited to bank fees, interest, attorney's fees, court costs, any appeals and post-judgment costs. I understand that the amount of attorney fees I will be charged will be the same amount that the Casino has agreed to pay its attorney which will be a percentage of the amount sought to be collected from me and could be as high as twenty-five percent (25%) of all principal, interest and costs sought to be collected at the time the attorney is given the matter. I agree not to dispute such attorney fees if collection efforts are undertaken. INTEREST ON ALL OUTSTANDING AMOUNTS OWED BY ME TO THE CASINO PURSUANT TO THIS AGREEMENT, WILL BE CHARGED AT THE RATE OF SIXTEEN PERCENT (16%) PER ANNUM OR THE MAXIMUM RATE ALLOWED BY THE LAWS OF THE STATE OF NEW JERSEY, WHICHEVER IS LESS and such interest rate shall continue and be applicable to any judgment obtained by the Casino or its agent against me. I shall be liable and obligated to pay the Casino all amounts advanced to me by the Casino pursuant to this agreement, which amounts may also be evidence by separate drafts and checks executed by me. I understand that any and all drafts and checks signed by me pertaining to this transaction may be charged directly against any or all of the bank accounts I hold. The bank accounts listed above contain balances which, in the aggregate, exceed the credit line requested by me as set forth below or as may be later increased pursuant to my request. This is a continuing representation and shall be deemed to be made by me each and every time I execute and deliver any and all drafts and checks signed by me pertaining to this agreement. I agree to the terms and conditions set forth herein. I authorize IEPC and/or their respective employees, affiliates or agents to obtain consumer reports or contact financial institutions, and check my credit and financial history in order to evaluate my application or collect amounts owed. I give permission to IEPC and its employees, affiliates and/or their respective agents to obtain information regarding my accounts with the banks I have listed. I will not hold these banks, IEPC or their respective employees, affiliates or agents responsible for any information released. This application and agreement supersedes any and all prior applications and agreements I have previously entered into with IEPC or its affiliates.
I understand that IEPC is basing the issuance of credit and the acceptance of my checks on the information I have set forth above and I guaranty that I will inform IEPC and its affiliates in writing, in the event that my financial condition changes for the worse, prior to my signing any check and my acceptance of any cash or cash equivalent from IEPC or its affiliates. I understand and agree that this is a continuing obligation. I understand and agree that the credit issued to me by IEPC may be increased or decreased without my consent or authorization, in the sole discretion of IEPC or its affiliates, employees or agents.
THE PARTIES TO THIS APPLICATION AND AGREEMENT, INCLUDING THEIR HEIRS, ASSIGNS, AND AGENTS, HEREBY AGREE THAT CONSTRUCTION, INTERPRETATION AND ENFORCEMENT OF THIS APPLICATION AND AGREEMENT, AS WELL AS THE COLLECTION OF ANY CHECK OR PROMISSORY NOTES GIVEN TO THE CASINO BY ME, SHALL BE GOVERNED, CONSTRUED AND ENFORCED IN ALL RESPECTS IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY, WHICH STATE RECOGNIZES THE ENFORCEABILITY AND VALIDITY OF GAMING DEBTS, INCLUDING BUT NOT LIMITED TO STATUTORY AND SUBSTANTIVE LAW, PROCEDURAL ASPECTS OF ANY SUIT, ACTION OR PROCEEDING RELATING TO OR ARISING UNDER THIS APPLICATION AND AGREEMENT, INCLUDING BUT NOT LIMITED TO LEGAL PROCESS, EXECUTION OF JUDGMENTS, AND ALL LEGAL REMEDIES, WITHOUT REGARD TO NEW JERSEY LAW ON CONFLICTS OF LAW. THE PARTIES HEREBY FURTHER AGREE THAT ALL ACTIONS ARISING UNDER OR RELATED TO THIS APPLICATION, OR TO ANY CREDIT EXTENDED BY THE CASINO TO ME OR THE COLLECTION OF ANY CHECK OR PROMISSORY NOTES GIVEN TO THE CASINO BY ME, MUST BE COMMENCED AND LITIGATED EXCLUSIVELY IN THE SUPERIOR COURT OF THE STATE OF NEW JERSEY IN A COUNTY SELECTED BY IEPC IN ITS SOLE DISCRETION ("THE NEW JERSEY COURTS"). THE PARTIES SPECIFICALLY WAIVE ANY RIGHTS THEY MAY OTHERWISE HAVE TO LITIGATE ANY SUCH MATTER IN ANOTHER STATE OR JURISDICTION, OR TO SEEK TRANSFER OF ANY ACTION INSTITUTED IN THE NEW JERSEY COURTS, UNDER THE FORUM NON CONVENIENS DOCTRINE OR ANY OTHER APPLICABLE DOCTRINE ESTABLISHED BY STATUTE, COURT RULE, OR COMMON LAW. THE PARTIES HEREBY EXPRESSLY SUBMIT AND CONSENT IN ADVANCE TO PERSONAL JURISDICTION IN ANY ACTION COMMENCED IN THE NEW JERSEY COURTS, AND HEREBY WAIVE ANY OBJECTION TO PERSONAL JURISDICTION OVER THEM IN ANY ACTION BROUGHT IN SAID COURTS.
JURY WAIVER - THE PARTIES ACKNOWLEDGE THAT THEY MAY HAVE A RIGHT TO SEEK A TRIAL BY JURY OF DISPUTES ARISING HEREUNDER. NOTWITHSTANDING SUCH RIGHT, EACH PARTY HEREBY (A) KNOWINGLY AND VOLUNTARILY AGREES TO, AND DOES, WAIVE AND RELINQUISH SUCH RIGHT TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW AND (B) SPECIFICALLY AGREES THAT THEY SHALL NOT SEEK A TRIAL BY JURY OF ANY ISSUE OR WITH REGARD TO ANY DISPUTE ARISING UNDER THIS APPLICATION AND AGREEMENT. THIS WAIVER OF TRIAL BY JURY IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO TRIAL BY JURY MAY OTHERWISE ACCRUE OR EXIST.
I certify all of the information on this application is true and accurate. I am aware that I may be subject to civil or criminal liability if any material information provided by me is willfully false. By signing where indicated below, I hereby agree to all terms and conditions contained in this application.